Posted on 09/13/2007 7:19:55 AM PDT by Millee
After seven years, residents George and Ann Andres can fly the American flag the way they want - and not lose their home in the process.
According to their attorney, Barry Silver, the Andreses and their homeowners association have settled most of their differences in the flag pole war that put the Indian Creek community on the national map. More local news Latest breaking news, photos and all of today's Post stories.
The battle erupted in 1999, when Korean War veteran George Andres began flying his flag on a 12-foot pole outside his townhouse, instead of hoisting it to brackets on the outside of their home, like his homeowners association said he should.
The association eventually took Andres to court for breaking its rules, and the two have been battling it out ever since with attorneys.
On Tuesday and Wednesday, attorneys for both sides filed paperwork in Palm Beach County Circuit Court to settle several cases stemming from the dispute.
The association agreed to pay a portion of Silver's fees, using the rest to go toward waiving violation fees filed against the Andreses, according to a news release.
The fines had piled up so high - to the tune of $35,000 to $40,000 - that the association moved to foreclose on the couple's home to make up the money.
The one matter still outstanding is Andres' claim for attorney fees in the case where the retired electrician won a temporary injunction to use the pole to fly his flag.
George Andres, 71, said he would celebrate the settlement by simply going out to dinner with his wife.
"What else am I going to do? I got my flag flying and it's going to stay flying, that's all that counts," he said.
Patriotism: The last refuge of a—holes who refuse to follow the rules.
A friend said it best, when he said that people who love HOAs are probably closet socialists who can’t get enough government in their lives.
My only problem is when the HOA fails to follow their own rules.
I don’t know if this applies in this particular case, but I know there have been cases where a homeowner has found their property under the jurisdiction of a newly formed HOA.
That would certainly open the possibility of conflict between me and them.
I don’t know if this applies in this particular case, but I know there have been cases where a homeowner has found their property under the jurisdiction of a newly formed HOA.
The story I was thinking of involved a neighborhood in Baltimore being declared a “Historic District” and the homeowners were prohibited from making any modifications to their property that were visible from the street.
Millee, I had no idea that you’re also - gulp - a HOA bigot. Will have to update your dossier.
What a bunch of bilge!! Are you implying that any patriotic person is hiding behind patriotism to conceal themselves from something that is distasteful to them? And, by the way, who in the Hell reads all the fine print in these volumnuous agreements? Finally, take a look at the venue and you'll find a malignancy called liberalism which seeks to take control of every aspect of peoples lives.
A healthier outlook on this thing would reveal a cadre of citizens who refuse to live in a place like Palm Beach. Who in the Hell wants to be bothered with this kind of crapola?
I'm glad that they finally won, but you can bet that there is additional trouble down the road via a vendetta.
HOAs are like living on the commune. Bunch of Hippies.
The problem with most HOA’s isn’t the agreement but rather the people who step in and assume leadership and, yeah, usually with either the homeowner’s consent or inattention. But most people have no idea what some folks will do once they get a little bit of power. Get a little closet Hillary in there and, hoo boy, watch your life start to get micromanaged. It is very difficult to dislodge these petty tyrants once they get hold of the reins of power.
Also, nothing in the deed or covenants gives the HOA the right to violate the State or Federal Constitution and Statutes. Ultimately, that is why the homeowner prevailed.
However, HOA’s must still abide by local, state, and federal laws.
If they’ve violated a person’s federal rights, regardless of contract, the HOA is in the wrong...
...as the contract cannot legally deny those rights in the first place.
YEP...what YOU said....HOA’s are run by the homeowners....some who like to be little socialists. The important thing to do is get yourself (and like minded homeowners) elected to the Board - especially at the beginning.....I know....I’ve lived with 5 different HOA’s....(4 condos, 1 home)
Yes, but they do what they do for your own good. ;-)
That's a government action, not a homeowner's association
I was thinking about it from the perspective of the homeowner, who probably finds the it more of a distinction than a difference.
It’s worse in that it’s usually run by petty tyrants who don’t even live there.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.